U.S. Department of Defense proposed rule – acquiring innovative commercial products and services

Tom Reynolds


On January 31, 2023, U.S. Department of Defense (DoD) released a proposed rule to amend the DFARS to implement Section 803 of the NDAA for FY 2022. The proposed rule would allow DoD to “acquire innovative commercial products and commercial services using general solicitation competitive procedures.” Specifically, the proposed rule would add a new DFARS subpart (212.7X, Defense Commercial Solutions Opening) to authorize DoD to acquire innovative commercial products and services through the use of general solicitation competitive procedures and the peer review of these proposals in connection with a FAR Part 12 contract. Contracting Officers would be able to use a general solicitation or a commercial solutions opening (“CSO”):

  • To obtain innovative solutions or potential capabilities that fulfill requirements;
  • To close capability gaps or provide potential innovative technological advancements; and
  • When meaningful proposals with varying technical or scientific approaches can be reasonably anticipated.

CSO contracts will be awarded on a fixed-price basis (including fixed-price incentive contracts). It should also be noted that DFARS 212.7X01 will define “innovative” within the context of this proposed rule and new DFARS subparts.

Comments on the proposed rule were due by April 3, 2023.

The January 31st proposed rule can be found here.

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